Frequently Asked Questions

Can the court force a buyout?

Yes. Under OBCA s. 248(3)(f), the court may order a corporation or another person to purchase a security holder’s securities in an oppression proceeding, and the rest of s. 248(3) gives the court broad power to shape a remedy that actually resolves the unfairness. Wilson also emphasizes that the chosen remedy must itself be fair and fit in the circumstances, not merely aggressive.

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